Immigration Status and Courtroom Testimony
Immigration officers are trolling courthouses across the country in search of undocumented immigrants, and this is having a profound effect on the justice system. In addition to courthouse arrests, the issue is affecting ongoing criminal trials. Last year, for example, in a domestic violence case in San Francisco, the mother of a domestic violence victim testified in court against the defendant. During her testimony, she was asked in front of the jury if her statements were designed to obtain a special visa reserved for victims and witnesses in domestic violence cases. While the judge ruled the statement inadmissible and told the jury not to consider it, the damage had been done, and the result was a hung jury. The woman refused to testify at the retrial, citing fear that her immigration status would again be raised in a public courtroom. In May of this year, California enactedSB 785. The new law requires an in camera (private) ruling from the judge on the issue of relevancy before a witness can be questioned concerning his or her immigration status in open court.
Author Bio
David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.
Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.
His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.
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